1. Landlord - Tenant
2. Discrimination
3. Laws Against Housing Discrimination
Laws Against Housing Discrimination
Federal Law
State Law
What is Prohibited?
Special Provisions for People with Disabilities
Discrimination versus Families with Children
Exemptions to the Fair Housing Act
Enforcement Provisions and Penalties for Violations of the Law
Federal law forbids discrimination in the leasing, sale, marketing and financing of housing on the basis of your race, color, religion, gender, national origin, household status, i.e., pregnancy or having custody of a kid under age 18 or disability. Maryland and much of its regional jurisdictions have at least similar laws, in addition to extra protections.
The national policy against housing discrimination is specified in the federal Fair Housing Act of 1968. In addition, there are provisions in the Civil Rights Act of 1866 which the Supreme Court of the United States has translated as forbiding "all racial discrimination, private as well as public, in the sale or rental of residential or commercial property." Unlike the 1968 law, the 1866 law includes no exceptions and no limit on the amount of damages which can be granted to a complainant.
Who is Protected?
The federal Fair Housing Act is included in Title VIII of the Civil Liberty Act of 1968. It was changed in 1974 and again in 1978. The Fair Housing Act restricts housing discrimination against an individual who falls in any of the following seven groups. Anyone treated unfairly due to the fact that of: race, color, religion, nationwide origin, sex, households with children and people with disabilities (handicap). These seven groups are thought about "protected classes" under the Act and its modifications. "Protected classes" suggest the categories of discrimination that are covered by the law.
Read the Law: The Fair Housing Act of 1968 (42 USC 3601, et seq.)
The courts have actually said that Maryland's law is "substantially comparable" to the federal law. In two crucial aspects, Maryland offers more defense. First, Maryland broadens on the protected classes of the federal law. You can not be discriminated against because of your marital status, gender identification, sexual preference, or income.
Marital status is defined as "the state of being single, married, apart, divorced or widowed." "Sexual orientation" suggests the recognition of a private as to male or female homosexuality, heterosexuality, or bisexuality. Gender identity is specified to suggest the gender related identity, appearance, expression, or behavior of a person, despite the individual's designated sex at birth. In addition, there is a limit to the exemption for rooms or systems in a house in which the owner occupies an unit as his/her primary house. In Maryland, these owners may deny somebody based on sex, sexual orientation, gender identity or marital status. However, they can not discriminate versus someone because of his/her race, color, religion, family status, nationwide origin, special needs, or source of earnings.
Read the Law: Md. Code, State Government, § 20-101, 20-704, 20-705
Local jurisdictions (such as the counties or towns) likewise secure all of the groups covered by federal and state law and typically include additional categories such as age (in Baltimore City, 18 or older), sexual orientation, profession and income. See local law articles.
The Fair Housing Act makes it unlawful to dedicate any of the following acts against a person who falls within any of the groups safeguarded by the law.
Sale or Rental of Residential Real Estate - Refuse to offer, rent or otherwise make not available or reject any home; discriminate in the terms or conditions of sale or rental of a dwelling or in the arrangement of services or facilities. (Single sex housing is permitted, as an exception to this restriction, in situations where sharing of living locations is included.); or indicate that housing is not available when, in reality, it is.
Advertising Residential Real Estate - Make, print, publish or cause to be made, printed or published, a notice, declaration or advertisement associating with the sale or leasing of housing that indicates a choice, constraint or discrimination.
Block Busting - Persuade or attempt to convince, for revenue, an individual to offer or lease a residence by making representations about the present or future entry into the neighborhood of one or more individuals in a protected class.
Loans and Other Financial Assistance - Discriminate in the making or purchasing of loans or offering other monetary support.
Brokerage and Appraisal Services - Discriminate in the brokering or appraisal of property realty.
Participation in Real Estate Organizations - Deny access to, or develop various terms and conditions for, membership or participation in any multiple listing service, genuine estate brokers' organization or other service, organization or center connecting to business of offering or renting of homes.
Intimidation, Coercion and Threats - Intimidate, persuade, threaten or hinder an individual in one of the secured classes in enjoyment of rights conferred by the Fair Housing Act.
Special Provisions for People with Disabilities
Definition of Disability
The Fair Housing Act defines special needs (handicap) as a physical or mental impairment that considerably restricts one or more of an individual's "significant life activities", a record of having such a disability, or being considered having such a problems. The law protects both the person with an impairment and a person coping with or planning to cope with that person. It leaves out people who are unlawfully using or addicted to drugs and other controlled compounds.
Special Protections - In addition to supplying people with specials needs all of the defenses against housing discrimination that are provided to members of the other 6 secured classes, the following provisions of the Fair Housing Act provide crucial extra defense.
Read the Law: 42 United States Code § 3602
The restriction against discriminating in the terms of sale or leasing, restricts a landlord from asking any questions of an individual with a disability than would be asked of any other candidate. A property owner may not, for example, inquire about the nature or intensity of a person's impairment or ask whether that individual is capable of living alone.
Reasonable Accommodations
It is unlawful to decline to make such affordable modifications in guidelines, policies, practices and services which may be required to afford an individual with a special needs an equivalent chance to delight in and use a home. These "affordable lodgings" consist of such things as making an exception to a "no animals" policy for an individual who needs a service animal and offering a scheduled, designated parking location for an individual with a mobility impairment.
Reasonable Modifications - It is unlawful to refuse to permit a person with an impairment to make, at his/her own expenditure, such reasonable changes in the premises as may be needed to allow usage and enjoyment of the facilities. "Reasonable adjustments" include such things as setting up grab bars to help with use of restroom centers or the widening of a doorway to accommodate a wheelchair.
Read the Law: 42 United States Code § 3604
Full Accessibility of "New" Multi-Family Housing
Multi-family housing built for first tenancy after March 13, 1991 (i.e. buildings including 4 or more units) need to be totally available to people with impairments. Itaf a building has an elevator, all units should be available; if there is no elevator, just "ground flooring" systems should be available. "Accessible" implies:
1. There should be an accessible building entryway on an accessible path;
2. Public and typical use areas should be readily available to and usable by individuals with disabilities;
3. All inside doors should be broad sufficient to accommodate a wheelchair;
4. There should be an accessible path into and through the home;
5. Light switches, electrical outlets, thermostats and other environmental controls should be accessible;
6. Bathroom walls should be reinforced to permit later on setup of grab bars; and
7. Bathroom and kitchens must have adequate area to permit maneuvering in a wheelchair.
Read the Law: 42 United States Code 3604(F)
Discrimination versus Families with Children
Definition of "Familial Status" - As used in the Fair Housing Act, the term "familial status" (frequently called "families with children") refers to a parent or another person having legal custody of several people under the age of 18 years. It refers also to a person who is pregnant or in the procedure of getting legal custody of a minor child.
Families with children enjoy under the law the exact same security versus housing discrimination as other groups safeguarded by the law. In just two circumstances, does the law license, as exceptions, discrimination against households with kids. Both exceptions refer to so-called housing for older individuals. Housing intended for and inhabited entirely by people 62 years of age or older and housing in which 80 percent of the units are meant for and occupied by at least someone who is 55 years of age or older do not need to adhere to the law's familial status provisions.
Discrimination against households with children manifests itself in many methods, the most common of which are in marketing (e.g. signs that rentals are for "no children" or "grownups just"), restrictive tenancy standards that unreasonably limit the number of kids who might occupy an offered space, and steering of families with children to separate buildings or parts of structures.
Exemptions to the Fair Housing Act
The four exemptions to the Fair Housing Act are:
- A single-family house offered or rented by the owner, provided the owner does not own more than 3 such single family houses at one time and provided likewise that the sale or rental is not promoted in a prejudiced manner and is done without the services of a realty representative, broker or sales individual. If the seller does not reside in the home at the time of the rental or sale, or was not the most current citizen at the time of the rental or sale, just one sale of such a single-family house within any 24-month period is excused.
- Dwelling systems or rooms in a structure of four or less units, provided the owner of the building occupies one of the units as his residence
- A house owned or operated by a spiritual organization, or by a not-for-profit organization owned or managed by a religious company which restricts or gives choice in the sale, rental or tenancy to individuals of the exact same religious beliefs, provided subscription in the religious beliefs is not limited on the basis of race, color or nationwide origin.
- Lodging owned or run by a personal club as an occurrence to its main purpose and not run for an industrial purpose. Club members might be offered choice, or occupancy might be limited to members, provided club subscription is open to all without regard to race, color, religious beliefs, and so on.
Read the Law: 42 United States Code § 3603, 3604, 3607
Enforcement Provisions and Penalties for Violations of the Law
State Law
The Maryland Commission on Civil Liberty has the responsibility of imposing discrimination laws. The Commission will examine accusations of housing discrimination and attempt to deal with the issue. Information on submitting a problem and the investigative process are readily available on the Commission's website.
Victims of housing discrimination may likewise file a suit with the proper state court.
Read the Law: Md. Code, State Government, § 20-702
Federal Law
HUD Administrative Complaints
An individual who thinks that s/he has actually been the victim of housing discrimination might submit a composed grievance with the Secretary of the Department of Housing and Urban Development (HUD) within one year after the inequitable act occurred. The Secretary needs to inform the plaintiff of the choice of online forums for resolving the disagreement and if the state or local jurisdiction has a public company accredited to deal with such problems, the Secretary should refer the problem to that firm.
The Secretary will try to moderate the dispute and reach a conciliation contract with the parties. If necessary, the Secretary might ask the Attorney general of the United States to look for momentary relief through court action. Under certain conditions, either the aggrieved celebration or the respondent may pick to have the disagreement heard by an Administrative Law Judge or in federal court. An Administrative Law Judge who discovers that a participant has actually committed a discriminatory housing act might enforce a civil charge of as much as $10,000 for a first offense, up to $25,000 for a second offense within a five-year duration, and as much as $50,000 for a 3rd offense within a seven-year duration. If the dispute goes to federal court, the Attorney General will maintain the action on behalf of the aggrieved person. The aggrieved person may sign up with the action and might be granted affordable lawyer charges.
Private Lawsuits
An individual who believes that s/he has actually been the victim of housing discrimination may file a civil action in the United States District Court or State Court within two years after the inequitable act took place or ended, or after a conciliation contract was breached, whichever occurs last, even if a problem had actually been submitted with HUD, offered that an Administrative Law Judge has not yet started a hearing. A federal judge may approve whatever relief is necessary, including the award of real and punitive damages, attorney fees and short-lived or permanent injunctions.
The U.S. Chief law officer may intervene in personal lawsuits identified to be of public significance.
Lawsuits in "Pattern or Practice" Cases
The U.S. Chief law officer may initiate a civil suit in any federal district court if s/he has affordable cause to believe that an individual has actually engaged in a "pattern or practice" of housing discrimination.
In any fit brought by the Attorney General, whether on his/her own initiative or by referral from the Secretary of HUD, the judge may award whatever relief is suitable: a momentary or long-term injunction or other order, affordable lawyer costs and costs, money damages to any aggrieved person and "to vindicate the general public interest", a civil charge of approximately $50,000 for the first offense and as much as $100,000 for any subsequent offense.
Read the Law: 42 United States Code § 3613, 3614
